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TCC
Restaurant Loupy's inc. v. The Queen, 2016 TCC 260 (Informal Procedure)
The Queen, [2005] T.C.J. No. 492, in which Justice Miller made the following comment at paragraph 33 of his decision: […] The Respondent did not raise subsection 200(2) and I simply raise it to illustrate to Mr. ... The Queen, 2007 TCC 155, in which Justice Paris ruled in favour of the appellant regarding its claim for input tax credits, because, in his view, the claim met the regulatory requirements of section 169 of the ETA. [81] In Westborough Place Inc., supra, the main issue was that on December 23, 2005, the Minister had closed the GST account of one of the appellant’s suppliers retroactive to June 30, 2001. ... Pentney Deputy Attorney General of Canada Ottawa, Canada ...
FCA
Southpark Estates Inc. v. Canada, 2006 FCA 153
His results, using these two methods, as well as his final conclusions as to value are shown in the following table: Cost Income Final Colorado $3,000,000 $3,350,000 $3,300,000 Villa Beliveau $2,200,000 $2,150,000 $2,150,000 Southpark $3,800,000 $4,000,000 $4,000,000 Virden $1,150,000 $1,200,000 $1,200,000 [17] The appellants also tendered the evidence of Jeffrey Rabb, a property developer, specializing in the acquisition and redevelopment of multi-family rental properties. ... Pestl's results, using these two approaches are summarized below: Cost Comparison Colorado $5,355,000 $5,422,000 Villa Beliveau $4,350,000 $4,332,000 Southpark $6,457,000 $6,451,000 Virden $2,246,500 $2,065,000 [28] Mr. ... Canada, 2005 FCA 386, (2005), 344 N.R. 152, at paragraph 9: An appeal court will not interfere with findings of fact or inferences of fact by the trial judge absent palpable and overriding error (see Housen v. ...
FCTD
Productions GFP (III) Inc. v. Canada (Attorney General), 2019 FC 1613
[19] GFP is seeking judicial review of these decisions. III. ... In taxation matters, as in this case, the case law is consistent regarding the importance of predictability for accountants: Canada Trustco Mortgage Co v Canada, 2005 SCC 54, [2005] 2 S.C.R. 601 at p 609; Altus Group Ltd v Calgary (City), 2015 ABCA 86 at para 28. ... (3) Discussion [53] At the outset, it should be pointed out that this is an application for judicial review. ...
TCC
Joel Theatrical Rigging Contractors (1980) Ltd. v. The Queen, 2017 TCC 6 (Informal Procedure)
Louie produced four patents, [8] which were published on December 7, 1999, May 10, 2005, November 23, 2005 and September 27, 2007 respectively. ... The second requirement has five stages, the fourth and fifth of which are: • the formulation of a hypothesis or hypotheses designed to reduce or eliminate the technical uncertainty; and • the methodical and systematic testing of the hypotheses. ... In particular, the persons conducting the experiments went through a series of alterations and adjustments, including: a) removing the chain from the sprocket controlling the cable drum and removing the limit switch, b) removing the entire sprocket assembly from the limit switch, c) removing the cable drum from the limit switch, and d) removing the retaining bolts and replacing them with a hand-crank system. ...
TCC
Montana Reclaimed Lumber Co. v. The Queen, 2018 TCC 51
Pecora started with the Appellant in 2005 and is the brother-in-law of the founder of the Appellant. [5] Mr. ... The Queen, 2005 FCA 104 at paragraph 35. The Appellant admitted in its Notice of Appeal that it might be possible with enough time and effort to determine the origin of the wood. ... APPENDIX B CITATION: 2018 TCC 51 COURT FILE NO.: 2014-3418(SLP)G STYLE OF CAUSE: MONTANA RECLAIMED LUMBER CO. v. ...
FCA
Wild v. Canada (Attorney General), 2018 FCA 114
Canada, 2005 SCC 54, [2005] 2 S.C.R. 601). [15] The Tax Court then proceeded to analyse the provisions alleged to have been abused: subsection 89(1) and section 84.1. [16] Subsection 89(1) states that in respect of a share of any class of the capital stock of a corporation, the PUC is an amount equal to the paid-up capital of that class of share divided by the number of issued shares of that class outstanding at that time. ... ATTORNEY GENERAL OF CANADA AND DOCKET: A-141-17 STYLE OF CAUSE: PERRY WILD v. ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Winnipeg, Manitoba DATE OF HEARING: April 12, 2018 REASONS FOR JUDGMENT BY: DAWSON J.A. ...
FCTD
Jolivet c. Canada (Justice), 2011 FC 61
Canada (Justice), 2011 FC 61 Federal Court Cour fédérale Date: 20110119 Docket: T-424-10 Citation: 2011 FC 61 [ENGLISH TRANSLATION] BETWEEN: DANIEL JOLIVET Applicant and THE MINISTER OF JUSTICE CANADA and THE CRIMINAL CONVICTION REVIEW GROUP Respondents REASONS FOR ORDER: PROTHONOTARY MORNEAU [1] At issue in this case is deciding, under subsections 318(3) and (4) of the Federal Courts Rules (the Rules), and in accordance with the direction of this Court on July 22, 2010, on the merits of the objection raised by the respondents under subsection 318(2) of the Rules. [2] This objection was made pursuant to a request for transmission of material by the applicant under subsections 317(1) and (2) of the Rules within the framework of his application for judicial review filed on March 22, 2010 (the application for review). [3] This request for transmission of material is, as shall be demonstrated, rather long and covers almost five (5) pages in the application for review. ... The CD-ROM forwarded to the CCRG on February 20, 2006 pursuant to the request of October 27, 2005. ... “Richard Morneau” Prothonotary Montréal, Quebec January 19, 2011 FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-424-10 STYLE OF CAUSE: DANIEL JOLIVET and THE MINISTER OF JUSTICE CANADA and THE CRIMINAL CONVICTION REVIEW GROUP PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: January 12, 2011 REASONS FOR ORDER: PROTHONOTARY MORNEAU DATED: January 19, 2011 APPEARANCES: Lida Sara Nouraie FOR FOR THE APPLICANT Jacques Savary FOR THE RESPONDENTS SOLICITORS OF RECORD: Desrosiers, Joncas, Massicotte Montréal, Quebec FOR FOR THE APPLICANT Myles J. ...
FCTD
Avril v. Canada (Citizenship and Immigration), 2019 FC 1512
Lucia. [6] In July 2005, Ms. Avril entered Canada with her older sister, Vernatta Avril, as visitors. ... Lucia as early as 2005. The Officer added that there was no way to verify who wrote the letters or to determine when they were received. ... DATED: November 27, 2019 APPEARANCES: Anthony Navaneelan For The Applicant Christopher Ezrin For The Respondent SOLICITORS OF RECORD: Refugee Law Office Legal Aid Ontario Barristers and Solicitors Toronto, Ontario For The Applicant Attorney General of Canada Toronto, Ontario For The Respondent ...
TCC
Wolsey v. The Queen, 2016 TCC 236
PSC had never filed tax returns. [4] Mr. Wolsey filed his appeal in 2005 but the relevant period of time for the purposes of this Application is June to October of 2014. ... Wolsey’s conduct between the time his appeal was filed in 2005 and the time it was dismissed at the October 9, 2014 status hearing. ... Pentney Deputy Attorney General of Canada Ottawa, Canada [1] 2008 TCC 680 [2] 2012 TCC 144 [3] 2006 TCC 575 [4] Mr. ...
TCC
Edison Transportation, LLC v. The Queen, 2016 TCC 80
In Hammill v The Queen, 2005 FCA 252, 2005 DTC 5397, Noel J.A., in refuting the submission by the appellant’s counsel therein that the Court was bound by the facts as admitted, stated at paragraph 31: 31 In an appeal against an assessment under the Act, the outcome does not belong to the parties. ... Pizzitelli DATE OF JUDGMENT: April 6, 2016 APPEARANCES: Counsel for the Appellant: Joel A. ... Pentney Deputy Attorney General of Canada Ottawa, Canada ...